'An Impossible Situation': Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps
Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction
Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules
Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court
Federal Judge in Oakland Could Partially Block Trump Rule Targeting Low-Income Immigrants
Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules
Fight Over Immigration Ban Continues, California Public School Policy, National Security Analysis
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He also taught journalism classes at Fremont High School in East Oakland.\r\n\r\nEmail: mgreen@kqed.org; Twitter: @MGreenKQED","avatar":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g","twitter":"MGreenKQED","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["administrator"]},{"site":"lowdown","roles":["administrator"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["administrator"]},{"site":"education","roles":["editor"]},{"site":"quest","roles":["editor"]},{"site":"forum","roles":["administrator"]},{"site":"elections","roles":["editor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Matthew Green | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/matthewgreen"},"sjohnson":{"type":"authors","id":"11840","meta":{"index":"authors_1591205172","id":"11840","found":true},"name":"Sydney Johnson","firstName":"Sydney","lastName":"Johnson","slug":"sjohnson","email":"sjohnson@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Reporter","bio":"Sydney Johnson is a general assignment reporter at KQED. 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Sydney is a graduate of the University of California, Berkeley and lives in San Francisco.","avatar":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g","twitter":"sydneyfjohnson","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Sydney Johnson | KQED","description":"KQED Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/sjohnson"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11958939":{"type":"posts","id":"news_11958939","meta":{"index":"posts_1591205157","site":"news","id":"11958939","score":null,"sort":[1692830767000]},"guestAuthors":[],"slug":"sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban","title":"'An Impossible Situation': Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps","publishDate":1692830767,"format":"standard","headTitle":"‘An Impossible Situation’: Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Protesters and counterprotesters went head-to-head outside the Ninth Circuit Court of Appeals in San Francisco on Wednesday, where a panel of three judges heard arguments over whether to appeal \u003ca href=\"https://www.kqed.org/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in\">an injunction that prevents the city from moving unhoused people\u003c/a> under certain circumstances.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations\">The legal battle started in September 2022\u003c/a>, when the Coalition on Homelessness sued San Francisco for violating the city’s own ordinances around clearing encampments. Attorneys for the coalition, representing both the ACLU and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, argue that the city has violated federal precedent by not providing appropriate shelter before removing unhoused people, and that it trashed personal belongings during its sweeps.[pullquote size=\"medium\" align=\"right\" citation=\"Zal Shroff, interim legal director for the Lawyers Committee\"]‘They have cited and arrested thousands of unhoused people whose only crime was having nowhere else to go when the city obviously did not have shelter to offer them.’[/pullquote]“They have cited and arrested thousands of unhoused people whose only crime was having nowhere else to go when the city obviously did not have shelter to offer them,” Zal Shroff, interim legal director for the Lawyers Committee, told KQED in an interview before the hearing. “You can still clean the streets, you can enforce your drug laws, you can enforce your accessibility laws, clear all safety hazards, but you can’t keep policing unhoused people from block to block solely for the crime of being too poor to afford a home, when you obviously haven’t given them a place to go.”\u003c/p>\n\u003cp>Tensions were high outside the packed courthouse, where more than 100 people rallied both for and against the injunction while surrounded by a significant police presence.\u003c/p>\n\u003cp>“We are compassionate, we are supportive, we continue to help people. But this is not the way,” Mayor London Breed said outside the courthouse on Wednesday. “It is not humane to let people live on our streets in tents, use drugs. We have found dead bodies, we found a dead body in these tents. We have seen people in really awful conditions and we are not standing for it anymore. The goal here is to make sure that the court of appeals understands we want a reversal of this injunction that makes it impossible for us to do our jobs.”\u003c/p>\n\u003cfigure id=\"attachment_11958935\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11958935 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-800x533.jpg\" alt=\"Police and protesters with sign stand in front of a San Francisco building.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters, counterprotesters, and SFPD are seen at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday, Aug. 23, 2023. The court is hearing arguments for the city’s appeal of an injunction filed by the Coalition on Homelessness, which has temporarily kept city workers from removing encampments on the streets. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco resident Fred Winograd showed up to the rally to protest the injunction. “It’s unfair to the people on the street and it’s unfair to the city,” Winograd told KQED. “Outside of my door someone can camp and stay there and not be moved because of this injunction. That’s harmful to the residents and businesses of this city, and it’s got to stop.”\u003c/p>\n\u003cp>Others, like Terri Beswick, came to show their support for the Coalition on Homelessness and its lawsuit. “I love that the court took a stand on this and I hope they stick to it,” Beswick said. “If you want people off the streets, you have to give them somewhere to stay.”\u003c/p>\n\u003cp>Wednesday’s hearing laid out initial arguments, but it could be several months before the panel of judges issue their ruling over the injunction, which was first issued by U.S. Magistrate Judge Donna Ryu.\u003c/p>\n\u003cp>City Attorney David Chiu formally appealed the injunction in January 2023, with the backing of Mayor Breed, multiple city supervisors and a coalition of residents and business owners.\u003c/p>\n\u003cp>“We are trying to address the conditions on the street and this lawsuit makes it harder to do so,” Chiu told KQED. “There are a number of issues with the injunction, which we believe is unnecessarily broad, exceeds legal precedent and has strained our city’s ability to meet practical and legal obligations.”\u003c/p>\n\u003cp>Plaintiffs maintain that the city can clean its sidewalks and enforce its sit-lie laws so long as shelter is offered and personal belongings are protected. If someone refuses shelter, the plaintiffs said the city could then enforce its laws.\u003c/p>\n\u003cp>But the city is far from meeting the need for temporary shelter beds or permanent supportive housing.[pullquote size=\"medium\" align=\"right\" citation=\"Mayor London Breed\"]‘It is not humane to let people live on our streets in tents, use drugs.’[/pullquote]As of Aug. 23, there were \u003ca href=\"https://hsh.sfgov.org/services/how-to-get-services/accessing-temporary-shelter/adult-temporary-shelter/shelter-reservation-waitlist/\">448 people\u003c/a> on the waiting list for the city’s recently-opened shelter request system. San Francisco has 7,754 people experiencing homelessness, and at least 4,397 of them living outside as opposed to a shelter, according to the latest citywide count.\u003c/p>\n\u003cp>Meanwhile, the city has roughly 3,500 shelter beds in its system. (During the COVID-19 pandemic, more than 2,000 additional beds were brought online through programs like the Shelter-In-Place Hotel program, but that program has since ended.)\u003c/p>\n\u003cp>In an email, Chiu estimated that it could cost $1.45 billion, on top of several years of building and planning, to erect enough shelter for everyone who needs it in the city.\u003c/p>\n\u003cp>“The injunction has put our City in an impossible situation, ignoring the necessary balance between providing compassionate services and shelter to unhoused people and maintaining safe and healthy streets for all,” Chiu said.\u003c/p>\n\u003cp>On Wednesday, attorneys representing the city said the injunction was overly broad and left questions as to what options the city has to address street homelessness.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In particular, defendants questioned the judges’ definition of “involuntarily homeless,” arguing that the injunction language is not clear.\u003c/p>\n\u003cp>The injunction “does not define ‘involuntarily homeless,’ which has created uncertainty about whether the City can enforce laws against those who refuse shelter or have shelter beds but choose to maintain tents on the street,” Chiu said in a press statement ahead of the hearing.\u003c/p>\n\u003cp>“This is especially problematic as over half of the unhoused individuals approached by City workers reject offers of shelter.”\u003c/p>\n\u003cp>Joseph Lee, the attorney representing the plaintiffs, said at the hearing that a person could no longer be considered “involuntarily homeless” if they are offered but decline a genuine shelter option.\u003c/p>\n\u003cp>“The actual limitation for who the injunction protects is limited to involuntarily homeless individuals,” Lee said. “The city used these laws not in the way that they are intended or in the way that their policy describes they can be used, but used it as a pretext to criminalize homeless individuals.”\u003c/p>\n\u003cfigure id=\"attachment_11958936\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11958936\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-800x533.jpg\" alt=\"People holding signs stand in front of a grey building.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters and counterprotesters gather at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Right after the hearing, Chiu said that his team was “pleasantly surprised to receive this major concession from Plaintiffs during oral argument today,” referring to the clarity over involuntary homelessness. “It never made sense that a person who rejected a shelter offer or had a shelter bed but chose to maintain tents on the street should be considered ‘involuntarily homeless,’” he wrote in a press release.\u003c/p>\n\u003cp>The city also argued that precedents established in similar cases including \u003ca href=\"https://homelesslaw.org/supreme-court-martin-v-boise/\">Martin v. Boise\u003c/a> and \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/28/20-35752.pdf\">Johnson v. Grants Pass (PDF)\u003c/a> should not apply to San Francisco. In broad terms, those cases found that public agencies can’t enforce public sidewalk sleeping or camping laws if there is no shelter or housing alternative available. The city’s attorney said San Francisco is different because its laws allow for people to sleep outside in certain settings.\u003c/p>\n\u003cp>But San Francisco has several laws governing and preventing sidewalk camping and sleeping.\u003c/p>\n\u003cp>In 2010, voters approved a “sit-lie” law that prohibits sitting or lying on public sidewalks between 7 a.m. and 11 p.m., with certain exceptions. In 2013, the city amended another ordinance to ban sleeping in parks from 8 p.m. to 8 a.m.\u003c/p>\n\u003cp>If someone is not with their belongings, the city is required to bag and tag items rather than tossing them to the dump during an encampment sweep.\u003c/p>\n\u003cfigure id=\"attachment_11958937\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11958937\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-800x533.jpg\" alt=\"'More homes less cops' is written in pink chalk\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">‘More homes less cops’ is written in chalk on the sidewalk during a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Multiple lawsuits were filed earlier this year on behalf of homeless residents who said they lost clothes, cell phones or laptops, sleeping gear, family heirlooms and other important personal items during sweeps. As of February, the city had paid out more than $100,000 in claims to unhoused people in more than 20 different cases, the \u003ca href=\"https://sfstandard.com/2023/02/21/gold-chains-designer-clothes-family-heirlooms-homeless-san-franciscans-sue-the-city-for-thousands-in-lost-property/\">\u003cem>San Francisco Standard\u003c/em> reports\u003c/a>.[aside tag=\"homeless, unhoused\" label=\"More Related Stories\"]Supervisor Rafael Mandelman, who spoke at the rally on Wednesday in support of ending the injunction, has proposed legislation, called “A Place for All,” that would dramatically expand the number of temporary shelter beds, including the use of tiny homes and other non-congregate options. But reception to that response has been mixed.\u003c/p>\n\u003cp>“Yes, we need more shelter, but it needs to be coupled with housing and prevention, otherwise it’s inefficient and we waste city dollars,” said Jennifer Friedenbach, executive director of the Coalition on Homelessness. “Most (permanent) housing options are cheaper than shelter. And it’s not faster to create a shelter program than it would be to expand our section 8 program either.”\u003c/p>\n\u003cp>Next, on Thursday, August 24, the district court will hear a motion to enforce the injunction brought by plaintiffs, alleging the city violated the sweeps ban.\u003c/p>\n\u003cp>\u003cem>KQED’s Billy Cruz contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"City leaders say the lawsuit stops them from clearing homeless encampments on sidewalks. Plaintiffs say the city isn’t following its own laws. ","status":"publish","parent":0,"modified":1695680076,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1690},"headData":{"title":"'An Impossible Situation': Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps | KQED","description":"City leaders say the lawsuit stops them from clearing homeless encampments on sidewalks. Plaintiffs say the city isn’t following its own laws. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'An Impossible Situation': Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps","datePublished":"2023-08-23T22:46:07.000Z","dateModified":"2023-09-25T22:14:36.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Protesters and counterprotesters went head-to-head outside the Ninth Circuit Court of Appeals in San Francisco on Wednesday, where a panel of three judges heard arguments over whether to appeal \u003ca href=\"https://www.kqed.org/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in\">an injunction that prevents the city from moving unhoused people\u003c/a> under certain circumstances.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations\">The legal battle started in September 2022\u003c/a>, when the Coalition on Homelessness sued San Francisco for violating the city’s own ordinances around clearing encampments. Attorneys for the coalition, representing both the ACLU and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, argue that the city has violated federal precedent by not providing appropriate shelter before removing unhoused people, and that it trashed personal belongings during its sweeps.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘They have cited and arrested thousands of unhoused people whose only crime was having nowhere else to go when the city obviously did not have shelter to offer them.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Zal Shroff, interim legal director for the Lawyers Committee","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“They have cited and arrested thousands of unhoused people whose only crime was having nowhere else to go when the city obviously did not have shelter to offer them,” Zal Shroff, interim legal director for the Lawyers Committee, told KQED in an interview before the hearing. “You can still clean the streets, you can enforce your drug laws, you can enforce your accessibility laws, clear all safety hazards, but you can’t keep policing unhoused people from block to block solely for the crime of being too poor to afford a home, when you obviously haven’t given them a place to go.”\u003c/p>\n\u003cp>Tensions were high outside the packed courthouse, where more than 100 people rallied both for and against the injunction while surrounded by a significant police presence.\u003c/p>\n\u003cp>“We are compassionate, we are supportive, we continue to help people. But this is not the way,” Mayor London Breed said outside the courthouse on Wednesday. “It is not humane to let people live on our streets in tents, use drugs. We have found dead bodies, we found a dead body in these tents. We have seen people in really awful conditions and we are not standing for it anymore. The goal here is to make sure that the court of appeals understands we want a reversal of this injunction that makes it impossible for us to do our jobs.”\u003c/p>\n\u003cfigure id=\"attachment_11958935\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11958935 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-800x533.jpg\" alt=\"Police and protesters with sign stand in front of a San Francisco building.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters, counterprotesters, and SFPD are seen at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday, Aug. 23, 2023. The court is hearing arguments for the city’s appeal of an injunction filed by the Coalition on Homelessness, which has temporarily kept city workers from removing encampments on the streets. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco resident Fred Winograd showed up to the rally to protest the injunction. “It’s unfair to the people on the street and it’s unfair to the city,” Winograd told KQED. “Outside of my door someone can camp and stay there and not be moved because of this injunction. That’s harmful to the residents and businesses of this city, and it’s got to stop.”\u003c/p>\n\u003cp>Others, like Terri Beswick, came to show their support for the Coalition on Homelessness and its lawsuit. “I love that the court took a stand on this and I hope they stick to it,” Beswick said. “If you want people off the streets, you have to give them somewhere to stay.”\u003c/p>\n\u003cp>Wednesday’s hearing laid out initial arguments, but it could be several months before the panel of judges issue their ruling over the injunction, which was first issued by U.S. Magistrate Judge Donna Ryu.\u003c/p>\n\u003cp>City Attorney David Chiu formally appealed the injunction in January 2023, with the backing of Mayor Breed, multiple city supervisors and a coalition of residents and business owners.\u003c/p>\n\u003cp>“We are trying to address the conditions on the street and this lawsuit makes it harder to do so,” Chiu told KQED. “There are a number of issues with the injunction, which we believe is unnecessarily broad, exceeds legal precedent and has strained our city’s ability to meet practical and legal obligations.”\u003c/p>\n\u003cp>Plaintiffs maintain that the city can clean its sidewalks and enforce its sit-lie laws so long as shelter is offered and personal belongings are protected. If someone refuses shelter, the plaintiffs said the city could then enforce its laws.\u003c/p>\n\u003cp>But the city is far from meeting the need for temporary shelter beds or permanent supportive housing.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It is not humane to let people live on our streets in tents, use drugs.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Mayor London Breed","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>As of Aug. 23, there were \u003ca href=\"https://hsh.sfgov.org/services/how-to-get-services/accessing-temporary-shelter/adult-temporary-shelter/shelter-reservation-waitlist/\">448 people\u003c/a> on the waiting list for the city’s recently-opened shelter request system. San Francisco has 7,754 people experiencing homelessness, and at least 4,397 of them living outside as opposed to a shelter, according to the latest citywide count.\u003c/p>\n\u003cp>Meanwhile, the city has roughly 3,500 shelter beds in its system. (During the COVID-19 pandemic, more than 2,000 additional beds were brought online through programs like the Shelter-In-Place Hotel program, but that program has since ended.)\u003c/p>\n\u003cp>In an email, Chiu estimated that it could cost $1.45 billion, on top of several years of building and planning, to erect enough shelter for everyone who needs it in the city.\u003c/p>\n\u003cp>“The injunction has put our City in an impossible situation, ignoring the necessary balance between providing compassionate services and shelter to unhoused people and maintaining safe and healthy streets for all,” Chiu said.\u003c/p>\n\u003cp>On Wednesday, attorneys representing the city said the injunction was overly broad and left questions as to what options the city has to address street homelessness.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In particular, defendants questioned the judges’ definition of “involuntarily homeless,” arguing that the injunction language is not clear.\u003c/p>\n\u003cp>The injunction “does not define ‘involuntarily homeless,’ which has created uncertainty about whether the City can enforce laws against those who refuse shelter or have shelter beds but choose to maintain tents on the street,” Chiu said in a press statement ahead of the hearing.\u003c/p>\n\u003cp>“This is especially problematic as over half of the unhoused individuals approached by City workers reject offers of shelter.”\u003c/p>\n\u003cp>Joseph Lee, the attorney representing the plaintiffs, said at the hearing that a person could no longer be considered “involuntarily homeless” if they are offered but decline a genuine shelter option.\u003c/p>\n\u003cp>“The actual limitation for who the injunction protects is limited to involuntarily homeless individuals,” Lee said. “The city used these laws not in the way that they are intended or in the way that their policy describes they can be used, but used it as a pretext to criminalize homeless individuals.”\u003c/p>\n\u003cfigure id=\"attachment_11958936\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11958936\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-800x533.jpg\" alt=\"People holding signs stand in front of a grey building.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters and counterprotesters gather at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Right after the hearing, Chiu said that his team was “pleasantly surprised to receive this major concession from Plaintiffs during oral argument today,” referring to the clarity over involuntary homelessness. “It never made sense that a person who rejected a shelter offer or had a shelter bed but chose to maintain tents on the street should be considered ‘involuntarily homeless,’” he wrote in a press release.\u003c/p>\n\u003cp>The city also argued that precedents established in similar cases including \u003ca href=\"https://homelesslaw.org/supreme-court-martin-v-boise/\">Martin v. Boise\u003c/a> and \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/28/20-35752.pdf\">Johnson v. Grants Pass (PDF)\u003c/a> should not apply to San Francisco. In broad terms, those cases found that public agencies can’t enforce public sidewalk sleeping or camping laws if there is no shelter or housing alternative available. The city’s attorney said San Francisco is different because its laws allow for people to sleep outside in certain settings.\u003c/p>\n\u003cp>But San Francisco has several laws governing and preventing sidewalk camping and sleeping.\u003c/p>\n\u003cp>In 2010, voters approved a “sit-lie” law that prohibits sitting or lying on public sidewalks between 7 a.m. and 11 p.m., with certain exceptions. In 2013, the city amended another ordinance to ban sleeping in parks from 8 p.m. to 8 a.m.\u003c/p>\n\u003cp>If someone is not with their belongings, the city is required to bag and tag items rather than tossing them to the dump during an encampment sweep.\u003c/p>\n\u003cfigure id=\"attachment_11958937\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11958937\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-800x533.jpg\" alt=\"'More homes less cops' is written in pink chalk\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">‘More homes less cops’ is written in chalk on the sidewalk during a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Multiple lawsuits were filed earlier this year on behalf of homeless residents who said they lost clothes, cell phones or laptops, sleeping gear, family heirlooms and other important personal items during sweeps. As of February, the city had paid out more than $100,000 in claims to unhoused people in more than 20 different cases, the \u003ca href=\"https://sfstandard.com/2023/02/21/gold-chains-designer-clothes-family-heirlooms-homeless-san-franciscans-sue-the-city-for-thousands-in-lost-property/\">\u003cem>San Francisco Standard\u003c/em> reports\u003c/a>.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"homeless, unhoused","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Supervisor Rafael Mandelman, who spoke at the rally on Wednesday in support of ending the injunction, has proposed legislation, called “A Place for All,” that would dramatically expand the number of temporary shelter beds, including the use of tiny homes and other non-congregate options. But reception to that response has been mixed.\u003c/p>\n\u003cp>“Yes, we need more shelter, but it needs to be coupled with housing and prevention, otherwise it’s inefficient and we waste city dollars,” said Jennifer Friedenbach, executive director of the Coalition on Homelessness. “Most (permanent) housing options are cheaper than shelter. And it’s not faster to create a shelter program than it would be to expand our section 8 program either.”\u003c/p>\n\u003cp>Next, on Thursday, August 24, the district court will hear a motion to enforce the injunction brought by plaintiffs, alleging the city violated the sweeps ban.\u003c/p>\n\u003cp>\u003cem>KQED’s Billy Cruz contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban","authors":["11840"],"categories":["news_6266","news_6188","news_28250","news_8","news_13"],"tags":["news_31693","news_167","news_27626","news_20305","news_4020","news_33076","news_20530","news_25113","news_29607"],"featImg":"news_11958938","label":"news"},"news_11946999":{"type":"posts","id":"news_11946999","meta":{"index":"posts_1591205157","site":"news","id":"11946999","score":null,"sort":[1681779853000]},"guestAuthors":[],"slug":"court-strikes-down-berkeleys-landmark-ban-on-natural-gas-in-new-construction","title":"Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction","publishDate":1681779853,"format":"standard","headTitle":"Court Strikes Down Berkeley’s Landmark Ban on Natural Gas in New Construction | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A federal appeals court on Monday struck down Berkeley’s first-in-the-nation ordinance banning natural gas hookups in new buildings, ruling that it conflicted with federal law.\u003c/p>\n\u003cp>\u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/17/21-16278.pdf\">In its decision (PDF)\u003c/a>, a three-judge panel of the 9th Circuit Court of Appeals sided with the \u003ca href=\"https://www.calrest.org/news/ninth-circuit-court-appeals-city-berkeley-cannot-ban-natural-gas\">California Restaurant Association\u003c/a>, a powerful industry group that had sued the city. The CRA had argued the ordinance banning natural gas piping also effectively banned natural gas products, in violation of a nearly 50-year-old \u003ca href=\"https://www.congress.gov/bill/94th-congress/senate-bill/622\">U.S. energy law\u003c/a> that, among many other things, authorizes federal officials to set national efficiency standards.\u003c/p>\n\u003cp>The 9th Circuit sided with the CRA in finding that the federal law preempts Berkeley’s ordinance.\u003c/p>\n\u003cp>“In sum, Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” the panel wrote in its 3–0 ruling.\u003c/p>\n\u003cp>“Congress ensured that States and localities could not prevent consumers from using … products [covered under federal law] in their homes, kitchens, and businesses.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The panel, composed of the court’s most conservative members, including two Trump appointees, rejected \u003ca href=\"https://www.sfchronicle.com/food/restaurants/article/Berkeley-s-ban-on-natural-gas-in-new-buildings-16302504.php\">a federal judge’s 2021\u003c/a> ruling upholding the ordinance.\u003c/p>\n\u003cp>“It’s disappointing the Ninth Circuit held that Berkeley, like many other cities around the country, cannot take common sense measures to protect its constituents from climate change,” Berkeley Mayor Jesse Arreguín said in a statement following Monday’s ruling. “Berkeley is evaluating the decision and its next steps.”\u003c/p>\n\u003cp>Berkeley’s ordinance, which was \u003ca href=\"https://www.kqed.org/news/11761889/berkeley-becomes-first-city-in-california-to-ban-natural-gas-in-most-new-buildings\">unanimously approved\u003c/a> by the City Council in 2019 and went into effect the following year, bans the use of natural gas pipes in most new residential and commercial construction. The measure was hailed by environmentalists, who argue that scaling back the use of the planet-warming fossil fuels in buildings is essential to reaching greenhouse gas reduction goals to fight climate change.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"gas-ban\"]Since then, dozens of other cities in California, including San Francisco, San José and Los Angeles, have passed similar measures to prohibit gas lines in new construction projects. And both \u003ca href=\"https://www.sfchronicle.com/climate/article/bay-area-regulators-vote-end-sales-key-gas-home-17836615.php\">regional\u003c/a> and \u003ca href=\"https://www.sfchronicle.com/bayarea/article/california-will-ban-the-sale-of-natural-gas-17460877.php\">statewide\u003c/a> air regulators have recently issued rules phasing out the sale of new gas-powered furnaces and water heaters.\u003c/p>\n\u003cp>It was not immediately clear how those various initiatives will be affected by Monday’s ruling. Berkeley is likely to ask the full 11-judge appeals court to review the case.\u003c/p>\n\u003cp>In a statement on Monday, the CRA cheered the ruling, arguing that natural gas appliances are crucial for the state’s already struggling restaurant industry, and calling the city’s gas ordinance “an overreaching measure beyond the scope of any city.”\u003c/p>\n\u003cp>“The panel’s decision sets an important precedent for future cases, especially with other cities and states considering restrictions on natural gas, and it prevents a patchwork of disparate regulations and protects consumer choice,” CRA attorney Courtland Reichman said in the statement.\u003c/p>\n\u003cp>But a coalition of environmental groups contend \u003ca href=\"https://www.kqed.org/news/11788199/environmentalists-say-natural-gas-industry-behind-restaurant-groups-challenge-to-berkeley-gas-ban\">the oil and gas industry is squarely behind\u003c/a> the group’s legal challenge.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Natural Resources Defense Council and Earthjustice, among other organizations, claim the gas industry has partnered with the restaurant association and other trade groups in a surreptitious campaign to block such bans and discourage other cities from pursuing similar electrification efforts.\u003c/p>\n\n","blocks":[],"excerpt":"A three-judge panel ruled the first-in-the-nation ordinance, which bans the use of natural gas pipes in most new residential and commercial construction, violates a federal energy law.","status":"publish","parent":0,"modified":1681920448,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":574},"headData":{"title":"Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction | KQED","description":"A three-judge panel ruled the first-in-the-nation ordinance, which bans the use of natural gas pipes in most new residential and commercial construction, violates a federal energy law.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Court Strikes Down Berkeley's Landmark Ban on Natural Gas in New Construction","datePublished":"2023-04-18T01:04:13.000Z","dateModified":"2023-04-19T16:07:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11946999/court-strikes-down-berkeleys-landmark-ban-on-natural-gas-in-new-construction","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court on Monday struck down Berkeley’s first-in-the-nation ordinance banning natural gas hookups in new buildings, ruling that it conflicted with federal law.\u003c/p>\n\u003cp>\u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/17/21-16278.pdf\">In its decision (PDF)\u003c/a>, a three-judge panel of the 9th Circuit Court of Appeals sided with the \u003ca href=\"https://www.calrest.org/news/ninth-circuit-court-appeals-city-berkeley-cannot-ban-natural-gas\">California Restaurant Association\u003c/a>, a powerful industry group that had sued the city. The CRA had argued the ordinance banning natural gas piping also effectively banned natural gas products, in violation of a nearly 50-year-old \u003ca href=\"https://www.congress.gov/bill/94th-congress/senate-bill/622\">U.S. energy law\u003c/a> that, among many other things, authorizes federal officials to set national efficiency standards.\u003c/p>\n\u003cp>The 9th Circuit sided with the CRA in finding that the federal law preempts Berkeley’s ordinance.\u003c/p>\n\u003cp>“In sum, Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” the panel wrote in its 3–0 ruling.\u003c/p>\n\u003cp>“Congress ensured that States and localities could not prevent consumers from using … products [covered under federal law] in their homes, kitchens, and businesses.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The panel, composed of the court’s most conservative members, including two Trump appointees, rejected \u003ca href=\"https://www.sfchronicle.com/food/restaurants/article/Berkeley-s-ban-on-natural-gas-in-new-buildings-16302504.php\">a federal judge’s 2021\u003c/a> ruling upholding the ordinance.\u003c/p>\n\u003cp>“It’s disappointing the Ninth Circuit held that Berkeley, like many other cities around the country, cannot take common sense measures to protect its constituents from climate change,” Berkeley Mayor Jesse Arreguín said in a statement following Monday’s ruling. “Berkeley is evaluating the decision and its next steps.”\u003c/p>\n\u003cp>Berkeley’s ordinance, which was \u003ca href=\"https://www.kqed.org/news/11761889/berkeley-becomes-first-city-in-california-to-ban-natural-gas-in-most-new-buildings\">unanimously approved\u003c/a> by the City Council in 2019 and went into effect the following year, bans the use of natural gas pipes in most new residential and commercial construction. The measure was hailed by environmentalists, who argue that scaling back the use of the planet-warming fossil fuels in buildings is essential to reaching greenhouse gas reduction goals to fight climate change.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gas-ban"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Since then, dozens of other cities in California, including San Francisco, San José and Los Angeles, have passed similar measures to prohibit gas lines in new construction projects. And both \u003ca href=\"https://www.sfchronicle.com/climate/article/bay-area-regulators-vote-end-sales-key-gas-home-17836615.php\">regional\u003c/a> and \u003ca href=\"https://www.sfchronicle.com/bayarea/article/california-will-ban-the-sale-of-natural-gas-17460877.php\">statewide\u003c/a> air regulators have recently issued rules phasing out the sale of new gas-powered furnaces and water heaters.\u003c/p>\n\u003cp>It was not immediately clear how those various initiatives will be affected by Monday’s ruling. Berkeley is likely to ask the full 11-judge appeals court to review the case.\u003c/p>\n\u003cp>In a statement on Monday, the CRA cheered the ruling, arguing that natural gas appliances are crucial for the state’s already struggling restaurant industry, and calling the city’s gas ordinance “an overreaching measure beyond the scope of any city.”\u003c/p>\n\u003cp>“The panel’s decision sets an important precedent for future cases, especially with other cities and states considering restrictions on natural gas, and it prevents a patchwork of disparate regulations and protects consumer choice,” CRA attorney Courtland Reichman said in the statement.\u003c/p>\n\u003cp>But a coalition of environmental groups contend \u003ca href=\"https://www.kqed.org/news/11788199/environmentalists-say-natural-gas-industry-behind-restaurant-groups-challenge-to-berkeley-gas-ban\">the oil and gas industry is squarely behind\u003c/a> the group’s legal challenge.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Natural Resources Defense Council and Earthjustice, among other organizations, claim the gas industry has partnered with the restaurant association and other trade groups in a surreptitious campaign to block such bans and discourage other cities from pursuing similar electrification efforts.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11946999/court-strikes-down-berkeleys-landmark-ban-on-natural-gas-in-new-construction","authors":["1263"],"categories":["news_19906","news_6188","news_8","news_356"],"tags":["news_4863","news_129","news_6252","news_30247","news_32647","news_19436","news_32648","news_20530","news_17907"],"featImg":"news_11938935","label":"news"},"news_11861367":{"type":"posts","id":"news_11861367","meta":{"index":"posts_1591205157","site":"news","id":"11861367","score":null,"sort":[1613785578000]},"guestAuthors":[],"slug":"judge-was-right-to-protect-ice-detainees-from-covid-19-tinderbox-court-rules","title":"Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules","publishDate":1613785578,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Immigrants who sued to be released from detention during the COVID-19 pandemic have won support from a federal appeals court in San Francisco. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed Thursday afternoon that conditions in two California facilities were so hazardous they likely violated the Constitution.\u003c/p>\n\u003cp>Last spring, \u003ca href=\"https://www.kqed.org/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding\">the detainees sued\u003c/a> U.S. Immigration and Customs Enforcement, saying the impossibility of social distancing and the lack of COVID-19 testing and measures like masks and disinfectant put them at risk of illness and death.\u003c/p>\n\u003cp>U.S. District Judge Vince Chhabria agreed, calling crowded conditions a “tinderbox” at the Yuba County Jail and the privately run Mesa Verde ICE Processing Facility in Bakersfield.\u003c/p>\n\u003cp>Chhabria issued a series of injunctions \u003ca href=\"https://www.kqed.org/news/11832472/people-are-terrified-sf-judge-orders-covid-19-testing-at-ice-facility\">to force ICE to improve\u003c/a> the conditions of confinement. And he reviewed scores of bail applications, eventually releasing more than 130 people from the two facilities.\u003c/p>\n\u003cp>The Trump administration and the private prison company GEO Group appealed, saying the judge lacked authority to remedy conditions or release detainees.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In an unpublished ruling Thursday, the 9th U.S. Circuit Court of Appeals disagreed, saying that Chhabria had acted properly and that the plaintiffs had shown they were likely to succeed in proving that detention conditions in April violated their right to due process under the Fifth Amendment to the U.S. Constitution.\u003c/p>\n\u003cp>Citing an earlier decision, the three judges – Marsha Berzon, Morgan Christen and Bridget Bade – wrote, “The Fifth Amendment requires the government to provide conditions of reasonable health and safety to people in its custody.”\u003c/p>\n\u003cp>Ultimately the Mesa Verde facility suffered an outbreak of COVID-19 in August, and the Yuba County Jail was hit by the virus in December. Almost 70 detained immigrants eventually contracted COVID-19 at the two facilities, \u003ca href=\"https://www.ice.gov/coronavirus#detStat\">according to ICE\u003c/a>. Those who got sick included \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">one man who had participated in hunger strikes\u003c/a> to draw attention to COVID-19 risks at Yuba County Jail.\u003c/p>\n\u003cp>[aside postID=news_11856995 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg']Bree Bernwanger, a senior attorney with the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, argued the case. She said the 9th Circuit’s ruling is a reminder that ICE officials must prioritize the safety of people in their custody over the agency’s interest in detaining them.\u003c/p>\n\u003cp>“ICE violates the Constitution when it subjects people to an unreasonable risk of harm in detention,” she said. “And the risk of contracting COVID is a serious one that is constitutionally protected.”\u003c/p>\n\u003cp>Bernwanger also noted that ICE detention is a form of civil custody, meant to hold people facing possible deportation if they are a danger to the public or unlikely to appear in immigration court as scheduled.\u003c/p>\n\u003cp>She said the fact that those who were let free are back in their homes, safe from the pandemic, and with only rare allegations that any of them violated the court order for their release shows that ICE detention is largely unnecessary.\u003c/p>\n\u003cp>“ICE detention is a sham,” Bernwanger said. “It hasn't been keeping anyone safer. It's actually just been more dangerous to our communities.”\u003c/p>\n\u003cp>An ICE spokesman said the agency is currently reviewing the 9th Circuit’s decision and has no further comment because the matter is in litigation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 9th Circuit panel referred the case to a mediation program to work out next steps, noting that conditions in ICE detention have changed considerably in recent months, as the pandemic progressed and Chhabria ordered additional protections.\u003c/p>\n\n","blocks":[],"excerpt":"Crowded conditions and ICE’s lack of action posed grave health risks that likely violated the constitutional rights of detained immigrants, the 9th U.S. Circuit Court of Appeals ruled.","status":"publish","parent":0,"modified":1613793176,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":608},"headData":{"title":"Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules | KQED","description":"Crowded conditions and ICE’s lack of action posed grave health risks that likely violated the constitutional rights of detained immigrants, the 9th U.S. Circuit Court of Appeals ruled.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules","datePublished":"2021-02-20T01:46:18.000Z","dateModified":"2021-02-20T03:52:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11861367 https://ww2.kqed.org/news/?p=11861367","disqusUrl":"https://ww2.kqed.org/news/2021/02/19/judge-was-right-to-protect-ice-detainees-from-covid-19-tinderbox-court-rules/","disqusTitle":"Judge Was Right to Protect ICE Detainees From COVID-19 'Tinderbox,' Court Rules","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2021/02/HendricksImmigrantDetentionRuling20210219.mp3","path":"/news/11861367/judge-was-right-to-protect-ice-detainees-from-covid-19-tinderbox-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigrants who sued to be released from detention during the COVID-19 pandemic have won support from a federal appeals court in San Francisco. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed Thursday afternoon that conditions in two California facilities were so hazardous they likely violated the Constitution.\u003c/p>\n\u003cp>Last spring, \u003ca href=\"https://www.kqed.org/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding\">the detainees sued\u003c/a> U.S. Immigration and Customs Enforcement, saying the impossibility of social distancing and the lack of COVID-19 testing and measures like masks and disinfectant put them at risk of illness and death.\u003c/p>\n\u003cp>U.S. District Judge Vince Chhabria agreed, calling crowded conditions a “tinderbox” at the Yuba County Jail and the privately run Mesa Verde ICE Processing Facility in Bakersfield.\u003c/p>\n\u003cp>Chhabria issued a series of injunctions \u003ca href=\"https://www.kqed.org/news/11832472/people-are-terrified-sf-judge-orders-covid-19-testing-at-ice-facility\">to force ICE to improve\u003c/a> the conditions of confinement. And he reviewed scores of bail applications, eventually releasing more than 130 people from the two facilities.\u003c/p>\n\u003cp>The Trump administration and the private prison company GEO Group appealed, saying the judge lacked authority to remedy conditions or release detainees.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In an unpublished ruling Thursday, the 9th U.S. Circuit Court of Appeals disagreed, saying that Chhabria had acted properly and that the plaintiffs had shown they were likely to succeed in proving that detention conditions in April violated their right to due process under the Fifth Amendment to the U.S. Constitution.\u003c/p>\n\u003cp>Citing an earlier decision, the three judges – Marsha Berzon, Morgan Christen and Bridget Bade – wrote, “The Fifth Amendment requires the government to provide conditions of reasonable health and safety to people in its custody.”\u003c/p>\n\u003cp>Ultimately the Mesa Verde facility suffered an outbreak of COVID-19 in August, and the Yuba County Jail was hit by the virus in December. Almost 70 detained immigrants eventually contracted COVID-19 at the two facilities, \u003ca href=\"https://www.ice.gov/coronavirus#detStat\">according to ICE\u003c/a>. Those who got sick included \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">one man who had participated in hunger strikes\u003c/a> to draw attention to COVID-19 risks at Yuba County Jail.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11856995","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Bree Bernwanger, a senior attorney with the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, argued the case. She said the 9th Circuit’s ruling is a reminder that ICE officials must prioritize the safety of people in their custody over the agency’s interest in detaining them.\u003c/p>\n\u003cp>“ICE violates the Constitution when it subjects people to an unreasonable risk of harm in detention,” she said. “And the risk of contracting COVID is a serious one that is constitutionally protected.”\u003c/p>\n\u003cp>Bernwanger also noted that ICE detention is a form of civil custody, meant to hold people facing possible deportation if they are a danger to the public or unlikely to appear in immigration court as scheduled.\u003c/p>\n\u003cp>She said the fact that those who were let free are back in their homes, safe from the pandemic, and with only rare allegations that any of them violated the court order for their release shows that ICE detention is largely unnecessary.\u003c/p>\n\u003cp>“ICE detention is a sham,” Bernwanger said. “It hasn't been keeping anyone safer. It's actually just been more dangerous to our communities.”\u003c/p>\n\u003cp>An ICE spokesman said the agency is currently reviewing the 9th Circuit’s decision and has no further comment because the matter is in litigation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 9th Circuit panel referred the case to a mediation program to work out next steps, noting that conditions in ICE detention have changed considerably in recent months, as the pandemic progressed and Chhabria ordered additional protections.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11861367/judge-was-right-to-protect-ice-detainees-from-covid-19-tinderbox-court-rules","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_19935","news_4863","news_27350","news_27504","news_21027","news_6884","news_20202","news_23454","news_27797","news_20530","news_27660","news_17907","news_28635","news_25025"],"featImg":"news_11861403","label":"news"},"news_11842931":{"type":"posts","id":"news_11842931","meta":{"index":"posts_1591205157","site":"news","id":"11842931","score":null,"sort":[1603224086000]},"guestAuthors":[],"slug":"bay-area-courts-challenged-trump-on-immigration-now-the-cases-head-to-supreme-court","title":"Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court","publishDate":1603224086,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Two controversial Trump administration immigration policies that were ruled illegal by federal courts in the San Francisco Bay Area will be decided by the U.S. Supreme Court in coming months, the high court announced Monday.\u003c/p>\n\u003cp>One case deals with President Donald Trump’s approach to funding the border wall, The other deals with the policy known as “Remain in Mexico,” aimed at keeping asylum seekers out of the United States while they await hearings in immigration court.\u003c/p>\n\u003cp>Both the wall and the asylum restrictions have been central to the president’s emphasis on halting immigration at the U.S.-Mexico border, and casting immigrants as a threat. The cases also raise the question of how much power the president has to implement his policies without restriction, legal scholars say.\u003c/p>\n\u003cp>But the outcome of the Nov. 3 presidential election could affect the future of these border policies more than the Supreme Court. If Democratic nominee and former Vice President Joe Biden wins, he could roll them back, leaving the cases moot.\u003c/p>\n\u003ch3>\u003cstrong>Looking for Funds for a Border Fence\u003c/strong>\u003c/h3>\n\u003cp>Trump made building “a big, beautiful wall” a central campaign theme in 2016. But Congress granted less than $1.4 billion for border fencing last year, far short of the $5.7 billion the administration sought. So the president announced a state of emergency, alleging that it enabled him to redirect billions of dollars that Congress had appropriated to the Defense Department for other purposes.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Dror Ladin, ACLU senior staff attorney']'Every lower court that has considered the case has found that the President has no authority to waste billions of taxpayer dollars on construction.'[/pullquote]\u003c/p>\n\u003cp>The Sierra Club and the Southern Border Communities Coalition \u003ca href=\"https://www.aclu.org/cases/sierra-club-v-trump-challenge-trumps-national-emergency-declaration-construct-border-wall\">sued\u003c/a>, saying that the move violated the separation of powers spelled out in the U.S. Constitution, which gives Congress the sole right to appropriate funds. And a federal judge in Oakland — U.S. District Judge Haywood Gilliam — ruled in June 2019 that the diversion of funds was illegal. The 9th U.S. Circuit Court of Appeals agreed, but the U.S. Supreme Court allowed construction to proceed while the case is being decided.\u003c/p>\n\u003cp>“Every lower court that has considered the case has found that the President has no authority to waste billions of taxpayer dollars on construction,” Dror Ladin, a senior staff attorney at the ACLU and lead counsel in the case, said in a statement. “We look forward to making the same case before the Supreme Court and finally putting a stop to the administration’s unconstitutional power grab.”\u003c/p>\n\u003cp>The Trump administration says it has built 341 miles so far, but almost all of that is new fencing to replace sections of the existing fence, which covers close to 700 miles of the 2,000 mile border.\u003c/p>\n\u003ch3>\u003cstrong>A Policy to Deter Asylum Seekers\u003c/strong>\u003c/h3>\n\u003cp>The second case the high court agreed to hear deals with the 2018 Remain in Mexico policy, formally known as the \u003ca href=\"https://www.dhs.gov/news/2019/01/24/migrant-protection-protocols\">Migrant Protection Protocols\u003c/a>. The protocols aim to prevent migrants from “gaming” the asylum system for economic opportunity in the U.S. The policy allows U.S. border authorities, after an initial asylum screening, to turn back non-Mexican adults to wait for an immigration court hearing on the Mexican side of the border.\u003c/p>\n\u003cp>It is one of several actions by the administration that have transformed the U.S. asylum system and effectively kept out the increased number of people seeking refuge in this country. Since the start of the coronavirus crisis, federal officials have used emergency pandemic restrictions to expel most migrants at the border without even an asylum screening. [aside tag=\"immigration\" label=\"more coverage\"]\u003c/p>\n\u003cp>More than 66,000 asylum seekers have fallen under the Remain in Mexico plan since it began in January of last year, including more than \u003ca href=\"https://trac.syr.edu/immigration/reports/628/\">25,000 with cases pending\u003c/a> in immigration courts. Most have had to shelter in Mexican border cities where cartel and gang violence is rampant, and where it has proven \u003ca href=\"https://trac.syr.edu/immigration/reports/568/\">nearly impossible\u003c/a> for migrants to find U.S. lawyers to guide their cases through an unfamiliar immigration court system. Only a tiny fraction of them — 260 people in total — \u003ca href=\"https://trac.syr.edu/phptools/immigration/mpp/\">have won asylum\u003c/a>.\u003c/p>\n\u003cp>The program was \u003ca href=\"https://www.aclu.org/cases/innovation-law-lab-v-wolf\">challenged\u003c/a> by 11 asylum seekers and a group of immigrant legal service providers, including several in the Bay Area. Plaintiffs say the protocols do not provide “protection” to migrants, but rather put them in harm’s way.\u003c/p>\n\u003cp>“Thousands of families remain stranded in increasingly perilous conditions, where many have faced brutal violence and homelessness,” said Blaine Bookey, legal director for the San Francisco-based Center for Gender and Refugee Studies. “We will continue the fight to stop this cruelty once and for all.”\u003c/p>\n\u003cp>Last year, U.S. District Judge Richard Seeborg in San Francisco ruled that the policy likely violates the Immigration and Nationality Act, and other legal protections against returning immigrants to “unduly dangerous circumstances.” Again, the 9th Circuit agreed. And, again, the Supreme Court intervened to allow the policy to go forward while the case is litigated.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>Legal and Political Changes Could Affect Cases\u003c/strong>\u003c/h3>\n\u003cp>Oral arguments in the two cases will be scheduled for February at the earliest, legal analysts say. And by then, the legal and political landscape may have changed significantly. Judge Amy Coney Barrett may have been confirmed to fill the vacancy left by the death of Justice Ruth Bader Ginsburg, likely solidifying a conservative majority on the court. And the presidential election will have been decided.\u003c/p>\n\u003cp>But a more conservative court won’t necessarily rule in Trump’s favor, especially on the border wall funding case, said Kevin R. Johnson, dean of the UC Davis School of Law.\u003c/p>\n\u003cp>“If I had to guess, I’d say it’s more likely the [border wall] appropriations case will be upheld,” Johnson said. The court “may have a conservative bent, but they do respect the constitutional separation of powers framework.”\u003c/p>\n\u003cp>However, if Biden is elected, he could simply end the border wall construction and the \"Remain in Mexico\" policy, which were executive actions to begin with, and dismiss the government’s appeals to the Supreme Court, Johnson said.\u003c/p>\n\u003cp>“It makes all the difference who the president is,” he said. “If you wanted these cases to go away\u003cstrong>,\u003c/strong> you’d vote for a Biden-Harris ticket.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Asylum and border cases will go on trial next year, but if Biden is elected he could reverse the policies and make the cases moot","status":"publish","parent":0,"modified":1603224086,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":1102},"headData":{"title":"Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court | KQED","description":"Asylum and border cases will go on trial next year, but if Biden is elected he could reverse the policies and make the cases moot","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court","datePublished":"2020-10-20T20:01:26.000Z","dateModified":"2020-10-20T20:01:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11842931 https://ww2.kqed.org/news/?p=11842931","disqusUrl":"https://ww2.kqed.org/news/2020/10/20/bay-area-courts-challenged-trump-on-immigration-now-the-cases-head-to-supreme-court/","disqusTitle":"Bay Area Courts Challenged Trump on Immigration. Now the Cases Head to Supreme Court","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2020/10/WolffeHendricksSCOTUSImmigrationChallenge2Way.mp3","path":"/news/11842931/bay-area-courts-challenged-trump-on-immigration-now-the-cases-head-to-supreme-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two controversial Trump administration immigration policies that were ruled illegal by federal courts in the San Francisco Bay Area will be decided by the U.S. Supreme Court in coming months, the high court announced Monday.\u003c/p>\n\u003cp>One case deals with President Donald Trump’s approach to funding the border wall, The other deals with the policy known as “Remain in Mexico,” aimed at keeping asylum seekers out of the United States while they await hearings in immigration court.\u003c/p>\n\u003cp>Both the wall and the asylum restrictions have been central to the president’s emphasis on halting immigration at the U.S.-Mexico border, and casting immigrants as a threat. The cases also raise the question of how much power the president has to implement his policies without restriction, legal scholars say.\u003c/p>\n\u003cp>But the outcome of the Nov. 3 presidential election could affect the future of these border policies more than the Supreme Court. If Democratic nominee and former Vice President Joe Biden wins, he could roll them back, leaving the cases moot.\u003c/p>\n\u003ch3>\u003cstrong>Looking for Funds for a Border Fence\u003c/strong>\u003c/h3>\n\u003cp>Trump made building “a big, beautiful wall” a central campaign theme in 2016. But Congress granted less than $1.4 billion for border fencing last year, far short of the $5.7 billion the administration sought. So the president announced a state of emergency, alleging that it enabled him to redirect billions of dollars that Congress had appropriated to the Defense Department for other purposes.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Every lower court that has considered the case has found that the President has no authority to waste billions of taxpayer dollars on construction.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dror Ladin, ACLU senior staff attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Sierra Club and the Southern Border Communities Coalition \u003ca href=\"https://www.aclu.org/cases/sierra-club-v-trump-challenge-trumps-national-emergency-declaration-construct-border-wall\">sued\u003c/a>, saying that the move violated the separation of powers spelled out in the U.S. Constitution, which gives Congress the sole right to appropriate funds. And a federal judge in Oakland — U.S. District Judge Haywood Gilliam — ruled in June 2019 that the diversion of funds was illegal. The 9th U.S. Circuit Court of Appeals agreed, but the U.S. Supreme Court allowed construction to proceed while the case is being decided.\u003c/p>\n\u003cp>“Every lower court that has considered the case has found that the President has no authority to waste billions of taxpayer dollars on construction,” Dror Ladin, a senior staff attorney at the ACLU and lead counsel in the case, said in a statement. “We look forward to making the same case before the Supreme Court and finally putting a stop to the administration’s unconstitutional power grab.”\u003c/p>\n\u003cp>The Trump administration says it has built 341 miles so far, but almost all of that is new fencing to replace sections of the existing fence, which covers close to 700 miles of the 2,000 mile border.\u003c/p>\n\u003ch3>\u003cstrong>A Policy to Deter Asylum Seekers\u003c/strong>\u003c/h3>\n\u003cp>The second case the high court agreed to hear deals with the 2018 Remain in Mexico policy, formally known as the \u003ca href=\"https://www.dhs.gov/news/2019/01/24/migrant-protection-protocols\">Migrant Protection Protocols\u003c/a>. The protocols aim to prevent migrants from “gaming” the asylum system for economic opportunity in the U.S. The policy allows U.S. border authorities, after an initial asylum screening, to turn back non-Mexican adults to wait for an immigration court hearing on the Mexican side of the border.\u003c/p>\n\u003cp>It is one of several actions by the administration that have transformed the U.S. asylum system and effectively kept out the increased number of people seeking refuge in this country. Since the start of the coronavirus crisis, federal officials have used emergency pandemic restrictions to expel most migrants at the border without even an asylum screening. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"immigration","label":"more coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More than 66,000 asylum seekers have fallen under the Remain in Mexico plan since it began in January of last year, including more than \u003ca href=\"https://trac.syr.edu/immigration/reports/628/\">25,000 with cases pending\u003c/a> in immigration courts. Most have had to shelter in Mexican border cities where cartel and gang violence is rampant, and where it has proven \u003ca href=\"https://trac.syr.edu/immigration/reports/568/\">nearly impossible\u003c/a> for migrants to find U.S. lawyers to guide their cases through an unfamiliar immigration court system. Only a tiny fraction of them — 260 people in total — \u003ca href=\"https://trac.syr.edu/phptools/immigration/mpp/\">have won asylum\u003c/a>.\u003c/p>\n\u003cp>The program was \u003ca href=\"https://www.aclu.org/cases/innovation-law-lab-v-wolf\">challenged\u003c/a> by 11 asylum seekers and a group of immigrant legal service providers, including several in the Bay Area. Plaintiffs say the protocols do not provide “protection” to migrants, but rather put them in harm’s way.\u003c/p>\n\u003cp>“Thousands of families remain stranded in increasingly perilous conditions, where many have faced brutal violence and homelessness,” said Blaine Bookey, legal director for the San Francisco-based Center for Gender and Refugee Studies. “We will continue the fight to stop this cruelty once and for all.”\u003c/p>\n\u003cp>Last year, U.S. District Judge Richard Seeborg in San Francisco ruled that the policy likely violates the Immigration and Nationality Act, and other legal protections against returning immigrants to “unduly dangerous circumstances.” Again, the 9th Circuit agreed. And, again, the Supreme Court intervened to allow the policy to go forward while the case is litigated.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>Legal and Political Changes Could Affect Cases\u003c/strong>\u003c/h3>\n\u003cp>Oral arguments in the two cases will be scheduled for February at the earliest, legal analysts say. And by then, the legal and political landscape may have changed significantly. Judge Amy Coney Barrett may have been confirmed to fill the vacancy left by the death of Justice Ruth Bader Ginsburg, likely solidifying a conservative majority on the court. And the presidential election will have been decided.\u003c/p>\n\u003cp>But a more conservative court won’t necessarily rule in Trump’s favor, especially on the border wall funding case, said Kevin R. Johnson, dean of the UC Davis School of Law.\u003c/p>\n\u003cp>“If I had to guess, I’d say it’s more likely the [border wall] appropriations case will be upheld,” Johnson said. The court “may have a conservative bent, but they do respect the constitutional separation of powers framework.”\u003c/p>\n\u003cp>However, if Biden is elected, he could simply end the border wall construction and the \"Remain in Mexico\" policy, which were executive actions to begin with, and dismiss the government’s appeals to the Supreme Court, Johnson said.\u003c/p>\n\u003cp>“It makes all the difference who the president is,” he said. “If you wanted these cases to go away\u003cstrong>,\u003c/strong> you’d vote for a Biden-Harris ticket.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11842931/bay-area-courts-challenged-trump-on-immigration-now-the-cases-head-to-supreme-court","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_4863","news_350","news_23087","news_20446","news_25786","news_20202","news_24941","news_20530","news_26112","news_28688","news_21038","news_1172"],"featImg":"news_11842953","label":"news"},"news_11777909":{"type":"posts","id":"news_11777909","meta":{"index":"posts_1591205157","site":"news","id":"11777909","score":null,"sort":[1570116399000]},"guestAuthors":[],"slug":"federal-judge-in-oakland-could-partially-block-trump-rule-targeting-low-income-immigrants","title":"Federal Judge in Oakland Could Partially Block Trump Rule Targeting Low-Income Immigrants","publishDate":1570116399,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Lawyers for San Francisco and Santa Clara counties, the state of California and other plaintiffs tried to persuade a federal judge in Oakland Wednesday to block a Trump administration rule that would deny green cards to immigrants who use public benefits such as Medi-Cal, food stamps and housing vouchers.\u003c/p>\n\u003cp>The plaintiffs — who also include immigrant service providers, the states of Oregon, Maine and Pennsylvania, and the District of Columbia — say the \"public charge\" rule would cause them irreparable harm, forcing local governments to spend more to protect public health and increasing the likelihood of communicable disease outbreaks because fearful immigrants stop seeking medical care.\u003c/p>\n\u003cp>U.S. District Judge Phyllis Hamilton signaled that she would decide on whether to block the rule before Oct. 15, when it is set to go into effect.\u003c/p>\n\u003cp>But she chided the plaintiffs for failing to make a strong case — in legal briefs or in court — that a nationwide injunction is needed. And she stressed that the 9th U.S. Circuit Court of Appeals last month struck down another judge’s nationwide injunction on a federal asylum restriction.\u003c/p>\n\u003cp>\"You are requesting [this] without giving me the kind of road map that I think the 9th Circuit requires to enter a nationwide injunction,” Hamilton said. “It leads me to believe that you’re not really serious about me granting this if you haven’t addressed the issue.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Plaintiffs’ attorneys responded that if the policy is blocked in only some states, it would create a confusing patchwork of regulation.\u003c/p>\n\u003cp>“Anything short of a nationwide injunction will leave our residents confused, scared and ultimately chilled from [using] these benefits,” said San Francisco Deputy City Attorney Matthew Goldberg.\u003c/p>\n\u003cp>Attorneys for the Trump administration, meanwhile, told the judge that the public charge rule is also being challenged in Chicago, New York, Spokane and elsewhere, and a nationwide ruling would interfere with those courts reaching their own decisions.\u003c/p>\n\u003cp>Wednesday’s hearing centered in part on what the term “public charge” actually means.\u003c/p>\n\u003cp>[aside tag='public-charge' label='Related Coverage']\u003c/p>\n\u003cp>U.S. Department of Justice lawyers argued that the new rule is in keeping with long-standing federal policy that requires immigrants to be self-sufficient in order to be granted legal permanent residence (known as a green card) — a path to eventual citizenship.\u003c/p>\n\u003cp>DOJ Deputy Assistant Attorney General Ethan Davis said the definition of public charge can include “any maintenance or public assistance from public funds.”\u003c/p>\n\u003cp>But plaintiffs argued that for more than 100 years, the government only considered someone a public charge if they had “primary dependence” on the government for survival, including people considered “paupers” and “lunatics.” They said the new rule improperly sweeps in immigrants who accept as little as $180 worth of non-cash assistance — including services such as health care that could actually help them work and become self-sufficient.\u003c/p>\n\u003cp>The states and counties also said they could lose millions of dollars in federal funds if immigrants drop out of Medicaid (known in California as Medi-Cal) for fear of jeopardizing their chance at a green card. San Francisco stands to lose $7.5 million a year and Santa Clara County $4.6 million, said Goldberg, but that doesn’t mean local governments will stop providing health services or nutrition assistance to local residents.\u003c/p>\n\u003cp>“We have a proprietary interest in the public health in our communities,” Goldberg said. “We have legal obligations to provide medical care to people who are uninsured.”\u003c/p>\n\u003cp>Arguing for the Trump administration, Davis countered that if local governments take a hit, it’s because they choose to spend their own funds on social services.\u003c/p>\n\u003cp>“They may spend more money on food pantries and the like, but that’s not a required consequence of the rule,” Davis said.\u003c/p>\n\u003cp>He added that losses by the plaintiffs are “highly speculative.”\u003c/p>\n\u003cp>But Goldberg said immigrants are already giving up public benefits.\u003c/p>\n\u003cp>“It’s the preferred outcome of the rule, the purpose of the rule,” he said.\u003c/p>\n\u003cp>Hamilton suggested she might block the public charge rule, but more narrowly than the plaintiffs requested. She called on both parties to submit additional briefs by Oct. 7 proposing a more limited ruling.\u003c/p>\n\u003cp>“Assuming I don’t issue a nationwide injunction and assuming I do think it should be enjoined,” she said, “I’d like to hear from both sides on what an injunction should look like.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"In a legal challenge by California and local counties to the new 'public charge' rule, Judge Phyllis Hamilton suggested a narrow ruling rather than a nationwide injunction.","status":"publish","parent":0,"modified":1570126375,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":784},"headData":{"title":"Federal Judge in Oakland Could Partially Block Trump Rule Targeting Low-Income Immigrants | KQED","description":"In a legal challenge by California and local counties to the new 'public charge' rule, Judge Phyllis Hamilton suggested a narrow ruling rather than a nationwide injunction.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Judge in Oakland Could Partially Block Trump Rule Targeting Low-Income Immigrants","datePublished":"2019-10-03T15:26:39.000Z","dateModified":"2019-10-03T18:12:55.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11777909 https://ww2.kqed.org/news/?p=11777909","disqusUrl":"https://ww2.kqed.org/news/2019/10/03/federal-judge-in-oakland-could-partially-block-trump-rule-targeting-low-income-immigrants/","disqusTitle":"Federal Judge in Oakland Could Partially Block Trump Rule Targeting Low-Income Immigrants","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/10/RomeroPublicCharge.mp3","audioTrackLength":81,"path":"/news/11777909/federal-judge-in-oakland-could-partially-block-trump-rule-targeting-low-income-immigrants","audioDuration":81000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lawyers for San Francisco and Santa Clara counties, the state of California and other plaintiffs tried to persuade a federal judge in Oakland Wednesday to block a Trump administration rule that would deny green cards to immigrants who use public benefits such as Medi-Cal, food stamps and housing vouchers.\u003c/p>\n\u003cp>The plaintiffs — who also include immigrant service providers, the states of Oregon, Maine and Pennsylvania, and the District of Columbia — say the \"public charge\" rule would cause them irreparable harm, forcing local governments to spend more to protect public health and increasing the likelihood of communicable disease outbreaks because fearful immigrants stop seeking medical care.\u003c/p>\n\u003cp>U.S. District Judge Phyllis Hamilton signaled that she would decide on whether to block the rule before Oct. 15, when it is set to go into effect.\u003c/p>\n\u003cp>But she chided the plaintiffs for failing to make a strong case — in legal briefs or in court — that a nationwide injunction is needed. And she stressed that the 9th U.S. Circuit Court of Appeals last month struck down another judge’s nationwide injunction on a federal asylum restriction.\u003c/p>\n\u003cp>\"You are requesting [this] without giving me the kind of road map that I think the 9th Circuit requires to enter a nationwide injunction,” Hamilton said. “It leads me to believe that you’re not really serious about me granting this if you haven’t addressed the issue.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Plaintiffs’ attorneys responded that if the policy is blocked in only some states, it would create a confusing patchwork of regulation.\u003c/p>\n\u003cp>“Anything short of a nationwide injunction will leave our residents confused, scared and ultimately chilled from [using] these benefits,” said San Francisco Deputy City Attorney Matthew Goldberg.\u003c/p>\n\u003cp>Attorneys for the Trump administration, meanwhile, told the judge that the public charge rule is also being challenged in Chicago, New York, Spokane and elsewhere, and a nationwide ruling would interfere with those courts reaching their own decisions.\u003c/p>\n\u003cp>Wednesday’s hearing centered in part on what the term “public charge” actually means.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"public-charge","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>U.S. Department of Justice lawyers argued that the new rule is in keeping with long-standing federal policy that requires immigrants to be self-sufficient in order to be granted legal permanent residence (known as a green card) — a path to eventual citizenship.\u003c/p>\n\u003cp>DOJ Deputy Assistant Attorney General Ethan Davis said the definition of public charge can include “any maintenance or public assistance from public funds.”\u003c/p>\n\u003cp>But plaintiffs argued that for more than 100 years, the government only considered someone a public charge if they had “primary dependence” on the government for survival, including people considered “paupers” and “lunatics.” They said the new rule improperly sweeps in immigrants who accept as little as $180 worth of non-cash assistance — including services such as health care that could actually help them work and become self-sufficient.\u003c/p>\n\u003cp>The states and counties also said they could lose millions of dollars in federal funds if immigrants drop out of Medicaid (known in California as Medi-Cal) for fear of jeopardizing their chance at a green card. San Francisco stands to lose $7.5 million a year and Santa Clara County $4.6 million, said Goldberg, but that doesn’t mean local governments will stop providing health services or nutrition assistance to local residents.\u003c/p>\n\u003cp>“We have a proprietary interest in the public health in our communities,” Goldberg said. “We have legal obligations to provide medical care to people who are uninsured.”\u003c/p>\n\u003cp>Arguing for the Trump administration, Davis countered that if local governments take a hit, it’s because they choose to spend their own funds on social services.\u003c/p>\n\u003cp>“They may spend more money on food pantries and the like, but that’s not a required consequence of the rule,” Davis said.\u003c/p>\n\u003cp>He added that losses by the plaintiffs are “highly speculative.”\u003c/p>\n\u003cp>But Goldberg said immigrants are already giving up public benefits.\u003c/p>\n\u003cp>“It’s the preferred outcome of the rule, the purpose of the rule,” he said.\u003c/p>\n\u003cp>Hamilton suggested she might block the public charge rule, but more narrowly than the plaintiffs requested. She called on both parties to submit additional briefs by Oct. 7 proposing a more limited ruling.\u003c/p>\n\u003cp>“Assuming I don’t issue a nationwide injunction and assuming I do think it should be enjoined,” she said, “I’d like to hear from both sides on what an injunction should look like.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Farida Jhabvala Romero contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11777909/federal-judge-in-oakland-could-partially-block-trump-rule-targeting-low-income-immigrants","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_20829","news_20202","news_2605","news_20530","news_24494"],"featImg":"news_11777951","label":"news_72"},"news_11731594":{"type":"posts","id":"news_11731594","meta":{"index":"posts_1591205157","site":"news","id":"11731594","score":null,"sort":[1552074791000]},"guestAuthors":[],"slug":"asylum-seekers-can-appeal-fast-track-deportations-court-rules","title":"Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules","publishDate":1552074791,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>A federal court in San Francisco made it harder Thursday for the U.S. government to quickly deport asylum-seekers if they fail an initial screening at the border.\u003c/p>\n\u003cp>A law passed by Congress in 1996 sharply limited the ability of asylum-seekers to access U.S. courts if they want to challenge decisions of an asylum officer and immigration judge. \u003c/p>\n\u003cp>Those limitations are unconstitutional, the Ninth U.S. Circuit Court of Appeals said.\u003c/p>\n\u003cp>Asylum-seekers are offered \"meager procedural protections,\" and the law prevents \"meaningful\" judicial review of whether the Department of Homeland Security applied the proper legal standards in rejecting an asylum claim, \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/07/18-55313.pdf\">wrote \u003c/a>Judge A. Wallace Tashima for the unanimous court. \"We think it obvious that the constitutional minimum ... is not satisfied by such a scheme.\"\u003c/p>\n\u003cp>The ruling could give thousands of asylum-seekers the right to seek review in the federal court system. Legal analysts say the decision is likely to be appealed by the Trump administration, which has changed policies on the border to try to \u003ca href=\"https://www.npr.org/2018/12/21/679057325/trump-administration-changes-border-policy-to-discourage-asylum-seekers\">discourage \u003c/a>asylum-seekers.\u003c/p>\n\u003cp>[aside label=\"Asylum-Seekers\" tag=\"asylum-seekers\"]\u003c/p>\n\u003cp>\"The historical and practical importance of this ruling cannot be overstated,\" said Lee Gelernt, deputy director of the American Civil Liberties Union's Immigrants' Rights project, who argued for the asylum-seekers. \"This decision reaffirms the Constitution's foundational principle that individuals deprived of their liberty must have access to a federal court,\" Gelernt said, according to The Associated Press.\u003c/p>\n\u003cp>The case centers on Vijayakumar Thuraissigiam, a Sri Lankan man who faced retribution after he supported a minority political candidate for office. Thuraissigiam says he was detained and beaten by Sri Lankan army officers, threatened with death, and lowered into a well, where he suffocated and lost consciousness.\u003c/p>\n\u003cp>Thuraissigiam fled the country and, in early 2017, entered the country at the U.S.-Mexico border at San Ysidro. Picked up by U.S. Customs and Border Protection, he told an asylum officer he was afraid to go back to Sri Lanka. But the asylum officer determined his fear was not \"credible,\" and an immigration judge agreed, sending the man back to DHS for removal.\u003c/p>\n\u003cp>Normally, that's where an asylum-seeker's legal journey would end. But the Ninth Circuit ruled that the \"Suspension Clause\" in the U.S. Constitution gives people like Thuraissigiam broad power to seek \u003cem>habeas corpus \u003c/em>review by the courts.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A 2008 Supreme Court case established that people must have a \"meaningful opportunity\" to demonstrate that the law was being applied erroneously. The law passed by Congress \"does not provide that meaningful opportunity,\" and therefore violates the constitution, the court said.\u003c/p>\n\u003cp>In his appeal, Thuraissigiam said that the asylum officer didn't ask questions that would reveal the extent of his fear, and also that there were \"communication problems\" between the officer, Thuraissigiam and the translator.\u003c/p>\n\u003cp>Thuraissigiam's case will now go back to a lower court for further deliberation.\u003c/p>\n\u003cp>\"This is a historic decision,\" Stephen Yale-Loehr, an immigration scholar at Cornell Law School, \u003ca href=\"https://www.nytimes.com/2019/03/07/us/asylum-seekers-ninth-circuit.html?action=click&module=Top%20Stories&pgtype=Homepage\">told \u003c/a>\u003cem>The\u003c/em> \u003cem>New York Times\u003c/em>. \"But the government will surely appeal this to the Supreme Court.\"\u003c/p>\n\u003cp>\"The decision could have major implications for migrants who are seeking asylum,\" said NPR's Joel Rose. \"It could also further clog an immigration court system that already has a massive backlog.\" \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Asylum-Seekers+Can+Appeal+Fast-Track+Deportations%2C+Court+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A 1996 law limited the ability of immigrants to appeal asylum officers' decisions of whether they truly fear persecution in their home country. The Ninth U.S. Circuit Court of Appeals said those limits are unconstitutional.","status":"publish","parent":0,"modified":1552074791,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":561},"headData":{"title":"Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules | KQED","description":"A 1996 law limited the ability of immigrants to appeal asylum officers' decisions of whether they truly fear persecution in their home country. The Ninth U.S. Circuit Court of Appeals said those limits are unconstitutional.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules","datePublished":"2019-03-08T19:53:11.000Z","dateModified":"2019-03-08T19:53:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11731594 https://ww2.kqed.org/news/?p=11731594","disqusUrl":"https://ww2.kqed.org/news/2019/03/08/asylum-seekers-can-appeal-fast-track-deportations-court-rules/","disqusTitle":"Asylum-Seekers Can Appeal Fast-Track Deportations, Court Rules","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Gregory Bull","nprByline":"Matthew S. Schwartz","nprImageAgency":"AP","nprStoryId":"701399813","nprApiLink":"http://api.npr.org/query?id=701399813&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2019/03/08/701399813/asylum-seekers-can-appeal-fast-track-deportations-court-rules?ft=nprml&f=701399813","nprRetrievedStory":"1","nprPubDate":"Fri, 08 Mar 2019 06:04:00 -0500","nprStoryDate":"Fri, 08 Mar 2019 05:33:00 -0500","nprLastModifiedDate":"Fri, 08 Mar 2019 06:04:48 -0500","path":"/news/11731594/asylum-seekers-can-appeal-fast-track-deportations-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal court in San Francisco made it harder Thursday for the U.S. government to quickly deport asylum-seekers if they fail an initial screening at the border.\u003c/p>\n\u003cp>A law passed by Congress in 1996 sharply limited the ability of asylum-seekers to access U.S. courts if they want to challenge decisions of an asylum officer and immigration judge. \u003c/p>\n\u003cp>Those limitations are unconstitutional, the Ninth U.S. Circuit Court of Appeals said.\u003c/p>\n\u003cp>Asylum-seekers are offered \"meager procedural protections,\" and the law prevents \"meaningful\" judicial review of whether the Department of Homeland Security applied the proper legal standards in rejecting an asylum claim, \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/07/18-55313.pdf\">wrote \u003c/a>Judge A. Wallace Tashima for the unanimous court. \"We think it obvious that the constitutional minimum ... is not satisfied by such a scheme.\"\u003c/p>\n\u003cp>The ruling could give thousands of asylum-seekers the right to seek review in the federal court system. Legal analysts say the decision is likely to be appealed by the Trump administration, which has changed policies on the border to try to \u003ca href=\"https://www.npr.org/2018/12/21/679057325/trump-administration-changes-border-policy-to-discourage-asylum-seekers\">discourage \u003c/a>asylum-seekers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Asylum-Seekers ","tag":"asylum-seekers"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The historical and practical importance of this ruling cannot be overstated,\" said Lee Gelernt, deputy director of the American Civil Liberties Union's Immigrants' Rights project, who argued for the asylum-seekers. \"This decision reaffirms the Constitution's foundational principle that individuals deprived of their liberty must have access to a federal court,\" Gelernt said, according to The Associated Press.\u003c/p>\n\u003cp>The case centers on Vijayakumar Thuraissigiam, a Sri Lankan man who faced retribution after he supported a minority political candidate for office. Thuraissigiam says he was detained and beaten by Sri Lankan army officers, threatened with death, and lowered into a well, where he suffocated and lost consciousness.\u003c/p>\n\u003cp>Thuraissigiam fled the country and, in early 2017, entered the country at the U.S.-Mexico border at San Ysidro. Picked up by U.S. Customs and Border Protection, he told an asylum officer he was afraid to go back to Sri Lanka. But the asylum officer determined his fear was not \"credible,\" and an immigration judge agreed, sending the man back to DHS for removal.\u003c/p>\n\u003cp>Normally, that's where an asylum-seeker's legal journey would end. But the Ninth Circuit ruled that the \"Suspension Clause\" in the U.S. Constitution gives people like Thuraissigiam broad power to seek \u003cem>habeas corpus \u003c/em>review by the courts.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A 2008 Supreme Court case established that people must have a \"meaningful opportunity\" to demonstrate that the law was being applied erroneously. The law passed by Congress \"does not provide that meaningful opportunity,\" and therefore violates the constitution, the court said.\u003c/p>\n\u003cp>In his appeal, Thuraissigiam said that the asylum officer didn't ask questions that would reveal the extent of his fear, and also that there were \"communication problems\" between the officer, Thuraissigiam and the translator.\u003c/p>\n\u003cp>Thuraissigiam's case will now go back to a lower court for further deliberation.\u003c/p>\n\u003cp>\"This is a historic decision,\" Stephen Yale-Loehr, an immigration scholar at Cornell Law School, \u003ca href=\"https://www.nytimes.com/2019/03/07/us/asylum-seekers-ninth-circuit.html?action=click&module=Top%20Stories&pgtype=Homepage\">told \u003c/a>\u003cem>The\u003c/em> \u003cem>New York Times\u003c/em>. \"But the government will surely appeal this to the Supreme Court.\"\u003c/p>\n\u003cp>\"The decision could have major implications for migrants who are seeking asylum,\" said NPR's Joel Rose. \"It could also further clog an immigration court system that already has a massive backlog.\" \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Asylum-Seekers+Can+Appeal+Fast-Track+Deportations%2C+Court+Rules&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11731594/asylum-seekers-can-appeal-fast-track-deportations-court-rules","authors":["byline_news_11731594"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_4863","news_23087","news_23653","news_1323","news_23138","news_20530","news_21038"],"featImg":"news_11731595","label":"source_news_11731594"},"news_11311103":{"type":"posts","id":"news_11311103","meta":{"index":"posts_1591205157","site":"news","id":"11311103","score":null,"sort":[1486780976000]},"guestAuthors":[],"slug":"fight-over-immigration-ban-continues-california-public-school-policy-national-security-analysis","title":"Fight Over Immigration Ban Continues, California Public School Policy, National Security Analysis","publishDate":1486780976,"format":"video","headTitle":"KQED Newsroom | KQED News","labelTerm":{"term":7052,"site":"news"},"content":"\u003cp>\u003cstrong>Fight Over Immigration Ban Continues\u003c/strong>\u003c/p>\n\u003cp>After a three-judge panel of the 9\u003csup>th\u003c/sup> U.S. Circuit Court of Appeals unanimously refused to reinstate President Trump’s executive order to restrict travel from seven predominantly Muslim countries, the president vowed he would take other actions to increase national security – as soon as next week, he suggested at a press conference Friday. UC Berkeley Law School interim dean Melissa Murray and KQED California Politics and Government senior editor Scott Shafer join Thuy Vu.\u003c/p>\n\u003cp>\u003cstrong>California Public School Policy\u003c/strong>\u003c/p>\n\u003cp>The confirmation of Betsy DeVos, a staunch supporter of so-called school choice, as secretary of the U.S. Department of Education raises questions about the impact of federal policy on California’s public schools and their roughly 6 million students. Also this week, San Francisco led the nation in making City College tuition free for all residents of the city. Learning Policy Institute President Linda Darling-Hammond and UC Berkeley education professor Janelle Scott join Thuy Vu.\u003c/p>\n\u003cp>\u003cstrong>National Security Analysis\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>NPR correspondent David Welna describes his recent visit to Guantanamo Bay prison and discusses recent national security developments, including the impact of President Trump’s executive order on foreign relations.\u003c/p>\n\n","blocks":[],"excerpt":"A look at the legal setback to the controversial travel ban and NPR's David Welna on national security.","status":"publish","parent":0,"modified":1486844677,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":202},"headData":{"title":"Fight Over Immigration Ban Continues, California Public School Policy, National Security Analysis | KQED","description":"A look at the legal setback to the controversial travel ban and NPR's David Welna on national security.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Fight Over Immigration Ban Continues, California Public School Policy, National Security Analysis","datePublished":"2017-02-11T02:42:56.000Z","dateModified":"2017-02-11T20:24:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11311103 https://ww2.kqed.org/news/?p=11311103","disqusUrl":"https://ww2.kqed.org/news/2017/02/10/fight-over-immigration-ban-continues-california-public-school-policy-national-security-analysis/","disqusTitle":"Fight Over Immigration Ban Continues, California Public School Policy, National Security Analysis","videoEmbed":"https://youtu.be/T0LnWha1ypU","path":"/news/11311103/fight-over-immigration-ban-continues-california-public-school-policy-national-security-analysis","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Fight Over Immigration Ban Continues\u003c/strong>\u003c/p>\n\u003cp>After a three-judge panel of the 9\u003csup>th\u003c/sup> U.S. Circuit Court of Appeals unanimously refused to reinstate President Trump’s executive order to restrict travel from seven predominantly Muslim countries, the president vowed he would take other actions to increase national security – as soon as next week, he suggested at a press conference Friday. UC Berkeley Law School interim dean Melissa Murray and KQED California Politics and Government senior editor Scott Shafer join Thuy Vu.\u003c/p>\n\u003cp>\u003cstrong>California Public School Policy\u003c/strong>\u003c/p>\n\u003cp>The confirmation of Betsy DeVos, a staunch supporter of so-called school choice, as secretary of the U.S. Department of Education raises questions about the impact of federal policy on California’s public schools and their roughly 6 million students. Also this week, San Francisco led the nation in making City College tuition free for all residents of the city. Learning Policy Institute President Linda Darling-Hammond and UC Berkeley education professor Janelle Scott join Thuy Vu.\u003c/p>\n\u003cp>\u003cstrong>National Security Analysis\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>NPR correspondent David Welna describes his recent visit to Guantanamo Bay prison and discusses recent national security developments, including the impact of President Trump’s executive order on foreign relations.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11311103/fight-over-immigration-ban-continues-california-public-school-policy-national-security-analysis","authors":["236"],"programs":["news_7052"],"categories":["news_6188","news_8","news_13"],"tags":["news_20202","news_20297","news_19177","news_20530","news_20203"],"featImg":"news_11311104","label":"news_7052"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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